logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.04.20 2018고단92
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a CTF car.

On December 19, 2017, the Defendant driven the above vehicle at around 15:45 on December 19, 2017, and led the Defendant to turn to the left the left at the high level of the astronomical wave in front of the Central Market Bus Stopdown in the south-gu, Southern-gu, Seoul Metropolitan City.

On the other hand, a crosswalk without a pedestrian signal has a duty of care to safely drive the crosswalk by checking the front door and the left and right of the driver of the vehicle.

In doing so, the Defendant neglected to do so and went through as it is, and instead, got a victim D (Woo, 73 years old) who was a right-hand side from the left-hand side of the Defendant’s vehicle driving direction, and suffered injury, such as the “three-day duplicating fry, saling, and closed,” which requires approximately 10 weeks medical treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the Acts and subordinate statutes related to ctv photographs around the accident site;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 1 (person subject to special mitigation of traffic accidents) and no penalty (the scope of recommended punishment] shall be mitigated, the area of reduction of punishment by imprisonment without prison labor for not less than one month but not more than eight months;

2. The Defendant, by his negligence, sustained an injury to the victim who dried up the crosswalk.

The degree of injury suffered by a victim shall not be less than that of the victim.

However, the defendant is against his will to recognize his wrongness.

arrow